근저당권설정등기말소
1. The part concerning the claim for cancellation of registration of the right to collateral security in the instant lawsuit is dismissed.
2. The defendant shall list the attached list to the plaintiff.
1. Facts of recognition;
A. On October 10, 1996, the Plaintiff concluded a mortgage agreement (hereinafter “mortgage agreement”) with the Defendant regarding each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) as to each of the instant real estates as indicated in the separate sheet, and on the same day, the Plaintiff completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) with the Defendant regarding each of the instant real estates in the name of the Defendant, including Nonparty B and the maximum debt amount of KRW 50 million.
B. On July 11, 2005, the Plaintiff entered into a modified contract with the Defendant regarding the instant mortgage contract, and on the same day, the Plaintiff changed the registration of changing the maximum debt amount of the instant mortgage to KRW 200 million (hereinafter “registration of changing the right to collateral security”) regarding each of the instant real estate.
C. On January 25, 2017, the Defendant, who was the right to collateral security, filed a motion on January 25, 2017, on February 6, 2017, the Changwon District Court Msan Branch C rendered a decision to voluntarily commence the auction with the claim amounting to KRW 200 million.
On May 15, 2017, the Plaintiff deposited KRW 1.5 million in total, including the secured debt of the instant right to collateral security, the Defendant’s application for auction, and KRW 21.5 million (hereinafter “instant deposit”).
[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 5 (including a provisional number) and the purport of the whole pleadings
2. As to the claim to cancel the registration of establishment of a neighboring district
A. In the event that a mortgagee files a request for auction on the ground of a nonperformance of the secured obligation, the amount of the secured obligation of the right to collateral security shall be determined at the time of the request for auction, and thereafter the right to collateral security shall be treated as an ordinary mortgage (see, e.g., Supreme Court Decision 97Da25521, Dec. 9, 197). The same shall apply to cases where a person who has established the right to collateral security on behalf of the debtor on behalf of the debtor.